17-03-2016 00:00
The new EU-US Privacy Shield for commercial transfers of EU personal data to the US
On 6 October 2015, the European Court of Justice declared invalid the Commission Decision of 26 July 2000 on the adequacy of the US Safe Harbour put in place by the US Department of Commerce, on the grounds that it failed to ensure the adequate level of protection of data subjects required by Article 25(6) of Directive 95/46/EC read in the light of Articles 7, 8 and 47 of the Charter of Fundamental Rights of the European Union.
On 2 February 2016, the European Commission and the U.S Department of Commerce reached a political agreement on a "New framework for transatlantic exchanges of personal data for commercial purposes: the EU-US Privacy Shield" which seeks to replace the previous US Safe Harbour. On 29 February 2016 the Commission published a Communication, a draft "adequacy decision" of the Commission and the texts that will constitute the EU-US Privacy Shield.
The Commission intends to adopt a decision declaring the adequate level of protection of this arrangement, after having consulted the Article 29 Working Party, the European Data Protection Supervisor and obtained the Opinion of the Committee established by Article 31 of Directive 95/46/EC.